HI SB 309 (deepfake intimate-image crime)

Hawaii Violation of Privacy in the First Degree — Composite Fictitious Person Imagery (SB 309, Act 59)
Hawaii · Haw. SB 309 (2021), Act 59; HRS Sec. 711-1110.9

Status
In effect
Took effect
June 23, 2021
Applies to
Any person who creates, discloses, or threatens to disclose such imagery.
Enforced by
Hawaii state prosecutors (county prosecuting attorneys / Department of the Attorney General).

Hawaii expanded its first-degree violation-of-privacy crime to cover deepfake-style imagery. It is now an offense to intentionally create or disclose a nude or sexually explicit image or video of a 'composite fictitious person' that includes the recognizable features of a real, identifiable individual so that it appears to show that real person, when done with intent to substantially harm them or as revenge. The crime is a class C felony.

Who is protected: Identifiable real individuals depicted via composite/synthetic (deepfake) nude or sexually explicit imagery.

Legal detail

SB 309 (Act 59, 2021) amended HRS 711-1110.9 to add to violation of privacy in the first degree the intentional creation, disclosure, or threatened disclosure of nude/sexually explicit imagery of a 'composite fictitious person' bearing the recognizable physical characteristics of an identifiable real person, made with intent to harm.

Key facts

JurisdictionHawaii
LevelState
StrengthLimited
EnactedJune 23, 2021
CitationHaw. SB 309 (2021), Act 59; HRS Sec. 711-1110.9
Private right of actionNo, agency enforcement only
PenaltiesViolation of privacy in the first degree is a class C felony (up to five years imprisonment and fines as provided under Hawaii law).
Topicsnon-consensual intimate imagery · AI-generated images · deepfakes · consumer data privacy
Bill textHawaii SB 309 CD1 (2021) — Relating to Privacy (Deep Fakes)

More AI rules in Hawaii

Related non-consensual intimate imagery rules elsewhere

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